University of Alberta Faculty of Law Blog

Interview with Provincial Court's Judge Judith Shriar

Today we expand on our Access-to-Justice themed week, with a discussion on Alberta’s court system. Today’s post emphasizes the role that the courts play in helping litigants navigate the legal process once they’ve been introduced to the system. When courts give better access to self-represented litigants, more people can afford to pursue a claim or defend a claim or charge before a judge.

We recently had the opportunity to interview the Honourable Judge Judith Shriar of the Provincial Court of Alberta. She sits in Calgary, as well as in regional areas near the city, on criminal and some civil matters.

Through her time on the bench, Judge Shriar has heard a variety of charges, litigants, and issues, though she noted that she hears a large number of drinking and driving related charges. Judge Shriar observed that men appear in her courtroom more often than women and she sees more younger defendants than older. She made special note that these demographics do not change drastically from urban to rural, or even reserve centres.

In our justice system, there is currently cause for concern for self-represented litigants to represent themselves in court. Judge Shriar noted that courts have implemented programs and resources to help litigants navigate the murky waters of the legal system. The Provincial Court has “done a great job of making tools available online for litigants to access,” Shriar said.  

She further recognized that these resources have allowed self-represented litigants to become better equipped to handle their cases in court.

“I do think that people often do a good job on their own. Especially when people are unrepresented you see that people have really thought through their claim… they’re organized.”

However, there are always those who “slip through the cracks.” Sometimes a self-represented litigant faces an uphill battle during a dispute against a litigant with an experienced lawyer. When asked whether the judiciary has a responsibility to ensure that litigants are on equal playing fields, Judge Shriar confirmed that, though her jurisdiction to intervene is limited, she does what is appropriate within her position as an impartial judge to make litigants aware of the resources available to them, and even to step in when necessary to prevent gross injustices.

Another common area of concern is an increasing strain on limited court resources. Judge Shriar agrees that with respect to both manpower and infrastructure, the scarcity of court resources is an issue. In light of this problem Judge Shriar explained how Calgary’s Provincial Court has implemented programming to combat and mitigate the effects of diminishing resources.

She called Calgary’s Provincial Court a “leader across the province and the country,” when dealing with diminishing resources. For example, to deal with small overburdened rural courtrooms, regional dispositions are sometimes moved to Calgary. Setting aside a day for this purpose has helped to save time and effectively utilize the resources currently in place.

Another example is the Provincial Court's use of technology. For example, the court’s use of CCTV has reduced the need to transport parties and witnesses to courts. This eases the burden on support staff like sheriffs, clerks, and drivers.

When asked about the future of the courts and litigants’ ability to access and navigate them, Judge Shriar is optimistic. Since she was called to the bench, she has noticed many changes that increase both the efficiency of the court system and assist the courts in reaching appropriate verdicts. Specifically, technology and alternative dispute mechanisms have alleviated some of the pressures on the court system, while providing litigants with appropriate tools in which to solve their dispute.

However, more can be done.

We asked Judge Shriar what next steps the courts might take to continue to solve some of the issues individuals face when accessing the justice system. She said that, “the delay issue is critical. There were 15 charges dropped in Edmonton by a crown prosecutor to address these delay issues.”

“The courts do have a role to play in the process of helping to address root causes,” she said, and accordingly, we are likely to see an increase in “therapeutic courts, matrimonial courts, drug courts, and experimental programs.”

These measures will continue to funnel litigants out of the courtrooms while still providing them with the appropriate oversight. Solving disputes before trial, through programs such as mediation or judicial dispute resolution, saves both litigants and the courts time and money.

The Canadian justice system faces obstacles and challenges to provide fair and affordable access to its resources. It is clear at this point that Calgary’s Provincial Court has taken significant steps forward, leading Canada’s courts toward a future with a more accessible and balanced system of litigation and dispute resolution.

Law School: How Hard can it be, Anyway?

Law schools are notoriously difficult to get into and the challenge increases over time as applications increase. Today’s post discusses the change in demographics in law schools since 1867. Only two Canadian law schools existed prior to Confederation; both in Quebec.

Women in Law

At, and shortly after, 1867 women could not participate in the legal system in what was then Upper Canada. Men exclusively ruled the law schools and the legal system until Clara Brett Martin came onto the scene. She petitioned the Law Society of Upper Canada to become the first female articling student but she was refused.¹

However, like other influential women of her time, Martin was persistent. She refused to take no for an answer and introduced a provincial bill to allow women to attend law school and practice law.

In 1893, Martin’s conviction changed the legal profession forever.Her bill was passed, allowing women to be admitted to the law society as solicitors.² Martin was admitted as a law student in the same year and helped pass legislation to allow women to become barristers. In 1897, she became the first female lawyer in the British Empire.

Martin opened the door for women to excel in law, which is reflected in Canadian law school demographics today. Since 2000 at the U of A, about half of all law students in the faculty are women.³

Aboriginal and Indigenous Lawyers

In 1954, William Wuttunee was the first Aboriginal person to graduate from law school in western Canada.⁴ A Cree man, Wuttunee worked tirelessly to develop Aboriginal law in Saskatchewan and later moved to the national scene.

On the west coast of Canada in BC, Aboriginal peoples were “pretty much restricted from becoming lawyers” until the 1950s.⁵ It was Alfred Scow who broke down that barrier, becoming both the first Indigenous law student and member of the bar in BC.⁶

Today, many law schools in Canada including the U of A have a separate application categories for Aboriginal law applicants. The schools recognize the persisting underrepresentation of Indigenous lawyers, and are working to correct the disparity.

Getting In

Though Canadian law schools have admitted more women and Aboriginal students since 1867, admission remains difficult. While some schools like the University of Calgary have moved to a more wholistic approach to admission, high grades and LSAT scores remain important.

The average U of A law student admitted in 2016 had a GPA of 3.8 out of 4.0 (based on the last 2 years of post-secondary courses) and an LSAT score of 161 out of 180.⁷ The LSAT did not exist in 1867.⁸

In addition to the demographic diversity, the applicant pool continues to grow. In 1848, 23 men petitioned McGill University to create a law school.⁹ In the last few years, , McGill rejected over 80% of applicants and U of A rejected about 85%.¹⁰

¹Constance Backhouse, Dictionary of Canadian Biography, (University of Torotono/Universite Laval, 2005) sub verbo “Martin, Clara Brett”, online: <www.biographi.ca/en/bio.php?id_nbr=7840>.

²John D. Blackwell, The Canadian Encylopedia, (2008) sub verbo “Clara Brett Martin”, online: <www.thecanadianencyclopedia.ca/en/article/clara-brett-martin/>.

³See the University of Alberta Faculty of Law JD Program FAQs, <www.ualberta.ca/law/admissions/juris-doctor/faq#WomenEnrolled>.

⁴Doug Cuthand, “Remembering William Wuttunee: Cree lawyer was a trailblazer”, CBC News (2 November, 2015), online: <www.cbc.ca/news/indigenous/remembering-bill-wuttunee-1.3300662>.

⁵Yolande Cole, “B.C. judge Alfred Scow remembered as “aboriginal pioneer”, The Georgia Straight (8 March 2013), online: <www.straight.com/news/360396/bc-judge-alfred-scow-remembered-aboriginal-pioneer>.

⁶Allison Griner, “Aboriginal lawyers stride in footsteps of legal pioneer” (25 March 2013), online: <thethunderbird.ca/2013/03/25/aboriginal-lawyers-stride-in-footsteps-of-legal-pioneer/>.

⁷See the University of Alberta Faculty of Law JD Program applicant profile tab, <www.ualberta.ca/law/admissions/juris-doctor/applicant-profile>.

⁸William P. LaPiana, “A History of the Law School Admission Council and the LSAT”, (Keynote Address delivered at the 1998 LSAC Annual Meeting, 28 May 1998) [unpublished], online: www.lsac.org/docs/default-source/publications-(lsac-resources)/history-lsac-lsat.pdf.

⁹See McGill Faculty of Law’s “Our history” webpage, http://www.mcgill.ca/law/about/history.

¹⁰See the University of Alberta Faculty of Law JD Program FAQs, <www.ualberta.ca/law/admissions/juris-doctor/faq#AverageScores>.

So You Want to be a Lawyer, Huh?

To continue our education themed week, we explore legal education in Canada. Today we compare the increase in availability of legal education between 1867 and 2017. Legal education has certainly expanded over the last 150 years and we’ll provide a small glimpse of just how much.

In 2017, prospective law students have several options of cities, provinces, and institutions to pursue their legal education. There are currently 20 fully approved Canadian law schools, offering both common law and civil law programs.¹ Further, Trinity Western University is considered a new law school and will obtain full approval by the Federation of Law Societies of Canada once their students graduate.²

Prospective students can choose from a wide variety of schools and are able to base their decisions on several factors. Maybe one school is in their hometown? Maybe they are interested in a certain area of law that one school specializes in? Or perhaps they base their choice on reputation? Regardless of what a student is seeking out of their legal education, Canada’s law schools offer many options. If we flashback to 1867 a different picture existed.

The oldest law faculty in Canada is at McGill University, which formally opened in 1848.³ The school opened in response to young professionals who had been independently pursuing legal education and sought classes in a formal program.⁴

The first common law school in Canada opened 16 years after Confederation. Dalhousie’s Schulich School of Law opened its doors in 1883 and “became the model for law schools across Canada and across the British Commonwealth.”⁵ At the time of Confederation individuals seeking a formal law school education only had McGill as an option. Otherwise, they needed to take classes informally.

The University of Alberta is western Canada’s oldest law school, but did not exist at the time of Confederation. There was a large influx of eastern settlers during the 1880s. Many of them were professionals, including lawyers.⁶ By 1898, the Law Society of the Territories formed and created a formal articling process.⁷ The province of Alberta formed in 1905 and the University of Alberta officially opened its doors in 1908.⁸ At that time, the law school was being developed but had not officially opened its doors. The Faculty of Law officially began offering a Bachelor of Laws degree in 1912.⁹

The University of Alberta’s first class only consisted of 8 students, but by the second year 50 students were registered in the program.¹⁰ Although the enrolment numbers increased substantially within a year, they are minuscule compared with the 180 new first-year students the faculty admits currently. Further, when the faculty opened, students were mainly taught through on-the-job articling training right away, and students only took classes part time.¹¹ Now students are expected to take 3 years of full-time academic training before beginning their formal articling experience.

Legal education is increasingly growing in Canada. Every province, excluding Newfoundland and PEI, now houses at least one law school, with future institutions always becoming a possibility. With more locations to study and areas to specialize the possibilities for what legal education can expand into is endless.

 

 

 

¹ “Canadian Law School Programs” (2017), Federation of Law Socities of Canada, online: <ww.flsc.ca/national-initiatives/canadian-law-school-programs/>.

² Ibid.

³ “History of the McGill Faculty of Law” (2017), McGill Faculty of Law, online: <www.mcgill.ca/law/about/history>.

⁴ Ibid.

⁵ “History & Tradition” (2017), Schulich School of Law, online: <www.dal.ca/faculty/law/about/history-of-schulich-school-of-law.html>.

⁶ “History of the Faculty of Law” (2017), University of Alberta Faculty of Law, online: <www.ualberta.ca/law/about/history>.

⁷ Ibid.

⁸ Ibid.

9 Ibid.

¹⁰ Ibid.

[11] Ibid.

Education Week: We have more Work to do Beyond “Celebrating” #Canada150

This week, as students at the University of Alberta Faculty of Law return to classes after Reading Break, The Dominion explores education in Canada. Today we make the case for strengthening Indigenous culture and history in Canadian school curricula and is in support of Calls to Action 7 to 16 of the Truth and Reconciliation Commission of Canada.

By excluding Indigenous culture and experience from school curricula we minimize the experiences of First Nations people. This makes it more difficult to break the “ripple effects”[1] of our colonial past. Last semester we wrote about Canada’s coercive assimilation policy under the Indian Act and the cultural genocide of residential schools. As many Canadians celebrate 150 years of the “birth” of their nation, they must be mindful of the original communities that colonists displaced. The effects of residential school abuse and forced adoption trauma remain with many survivors today and continue to impact subsequent generations.

Over the last 150 years, Canada created a hostile living environment for many First Nations people. Therefore, some Canadians note that the word “celebrate” does a disservice to people whose lives were impaired under the Indian Act.[2] Stephen Paquette is co-chair of Ontario’s Halton District School Board’s Indigenous Education Advisory Council. Paquette suggested to Prime Minister Justin Trudeau and Ontario Premier Kathleen Wynne that we replace the word “celebrating” with “acknowledging.”[3]

Section 93 of the Constitution Act, 1867 gives provincial legislatures the jurisdiction to manage education.[4] The federal government has jurisdiction over education that occurs on federal First Nations reserves.[5] Unfortunately, federal per-student funding for First Nations students is less than the average provincial per-student funding for off-reserve education.[6]

In her article on transforming education in First Nations communities, Jessica Ball notes that incorporating into education Indigenous knowledge alongside Eurowestern theory, research, and practice can improve the education and employment positions of First Nations children.[7] Compared to the overall population, the First Nations population is young: 40% are under age 20.[8] This suggests that First Nations communities have a wealth of young minds to offer society.

Considering the recent history of residential schools and forced adoption, all Canadians can benefit from an inclusion of Indigenous knowledge. For Canada150, we can celebrate the Canada of which we are proud. But we can’t ignore the sacrifices that many families endured at the hands of colonial education systems. By “acknowledging” instead of “celebrating”, it forces us to recognize that our colonial government 150 years ago made some mistakes by attempting to manage the Indigenous population. Click here for ways that you can engage in reconciliation.

 

[1] Robert Laboucane, “Canada’s Aboriginal Education Crisis” (2010) 28:7 Windspeaker, online: The Aboriginal Multi-Media Society < http://www.ammsa.com/publications/windspeaker/canada%E2%80%99s-aboriginal-education-crisis-column>.

[2] Doreen Nicoll, “Canada 150: What’s for Indigenous People to ‘Celebrate,” exactly?” Now Toronto (22 February 2017), online: NOW Communications Inc <https://nowtoronto.com/news/canada-150-what-s-to-celebrate-for-indigenous-people/>.

[3] RSC, 1984, c I-5.

[4] 30 & 31 Victoria, c 3 (UK).

[5] Ibid, s 91(24).

[6] Laboucane, supra note 1 ; Don Drummond & Ellen Kachuck Rosenbluth, “The Debate on First Nations Education Funding: Mind the Gap” (2013) School of Policy Studies, Queen’s University, Working Paper No 49, online: https://qspace.library.queensu.ca/bitstream/handle/1974/14846/Drummond_et_al_2013_Debate_on_First_Nations.pdf;jsessionid=47F565DE66243A277E4D98969FAAE902?sequence=1>. But see Ravina Bains, Myths and Realities of First Nations Education (2014) Fraser Institute Centre for Aboriginal Policy Studies, online: Fraser Institute  https://www.fraserinstitute.org/sites/default/files/myths-and-realities-of-first-nations-education.pdf> (“elementary and secondary students on reserve receive on average the same amount as other Canadian students, an in some cases more”).

[7] Jessica Ball, “As if Indigenous Knowledge and Communities Mattered: Transformative Education in First Nations Communities in Canada,” 28:3 The American Indian Quarterly 454, online: <https://doi.org/10.1353/aiq.2004.0090>.

[8] Ibid at 455.

It's Dolly the Sheep's Anniversary!

Today, February 22nd, marks the 20th anniversary since Dolly the Sheep was announced to the public. She was the first successfully cloned mammal and lived until the age of 6. Dolly was unique because she was cloned from an adult cell rather than from embryonic cells.¹

She was born in Edinburgh, Scotland, at the Roslin Institute on July 5th, 1996, and yes, she was actually “born” in the traditional sense. DNA from a sheep cell was inserted into an egg and implanted into a sheep. Tests confirmed that Dolly’s DNA is wholly her mother’s DNA, not that of the surrogate mom.

With this announcement came a flood of ethical and legal questions, including: Is cloning allowed? Are the laws surrounding cloning constitutional?

Animal Cloning

Cloning animals in Canada is legal. Starting with Dolly, labs have begun to clone other animals. At McGill University in 2007, researchers cloned Canada’s first pig.² The McGill lab has been contacted by other labs at Canadian universities to clone animals for research.

Though animal cloning is legal, there are restrictions in place on what can be done with the animals. Health Canada created an interim policy in 2003, stating that any food to be sold from cloned animals must first pass a safety assessment.³ Health Canada was concerned that the method of cloning posed safety concerns.       

There are also ethical concerns with cloning animals. In the United States, there are companies that will clone your pet!⁴ You can actually pay a company $50,000 to get a DNA-identical version of your dog.

A 2010 study by Ipsos Reid for Agriculture Canada showed that over half of Canadians found animal cloning unacceptable.⁵ Only 16% thought cloning animals was tolerable.

Human Cloning

Human cloning has been outlawed in Canada for years. Sections 5(1) and 9 of the Assisted Human Reproduction Act prohibits the creation of a human clone or transplanting a human clone into a human being.⁶ Unlike some other countries, a person cannot knowingly create a human clone for any purpose or use in Canada, with some exceptions for research purposes.⁷ Specifically, research on embryos may be permitted if a proper license is obtained, and if the researchers adhere to the proper regulatory oversight.⁸

In comparison, US federal laws permit human cloning for limited purposes.⁹

Is Human Cloning Constitutional?

Professor Barbara Billingsley, from right here at the University of Alberta’s Faculty of Law, has considered the question of whether the cloning prohibitions in the AHRA unjustifiably infringe on Canadians’ section 2(b) right of freedom of expression to create non-reproductive human clones.¹⁰ To find infringement, the act of human cloning must first be determined to be a form of expression.

She notes that although Canadian courts have not yet ruled on whether medical research is a form of expression, there have been comments from the courts that indicate that it would be likely.¹¹ Assuming it does infringe, Billingsley found that the bans in the AHRA likely infringe Canadians’ constitutional rights, in that they infringe the pursuit of truth in the scientific community, and/or ‘human flourishing’.¹²

Billingsley did not conclude whether the right would be justifiably infringed. She stated that policy reasons behind the ban were unclear and the lack of case law on the subject prevents an adequate guide for such an analysis.¹³

In contrast, the US has grappled with cloning within the context of the First Amendment. Specifically, scientists claim that the “right to research” falls within the First Amendment because it “challenges or explores cultural or political norms, which, is an act of rebellion … in the spirit of the First Amendment.”¹⁴ Unlike in Canada, there are no federal laws currently outlawing human cloning.¹⁵

 

¹“1997: Dolly the Sheep is Cloned”, BBC News, online: <news.bbc.co.uk/onthisday/hi/dates/stories/february/22/newsid_4245000/4245877.stm>.

²Michael Bourguignon, “Cloned Pigs a First in Canada”, McGill Reporter (6 December 2007), online: <https://www.mcgill.ca/reporter/40/08/pigs/>.

³www.hc-sc.gc.ca/fn-an/legislation/pol/pol-cloned_animal-clones_animaux-eng.php

⁴see www.myfriendagain.com.

⁵Sarah Schmidt, “Canadians Leery of Cloned Animals”, Canada.com (5 October 2010), online: <www.canada.com/health/Most+Canadians+leery+cloned+animals/3628765/story.html>.

⁶Assisted Human Reproduction Act, SC 2004, c 2.

⁷Health Canada, “Prohibitions Related to Scientific Research and Clinical Applications”, (Ottawa: 9 January 2014), online: <www.hc-sc.gc.ca/dhp-mps/brgtherap/legislation/reprod/research-recherche-eng.php#fnb2-ref>.

⁸UNESCO, National Legislation Concerning Human Reproductive and Therapeutic Cloning (Paris: 2004) at 5, online: <unesdoc.unesco.org/images/0013/001342/134277e.pdf>.

⁹Health Canada, supra note 7.

¹⁰Barbara Billingsley, “A Constitutional Analysis of the Proposed Ban on Non-Reproductive Human Cloning: An Unjustified Violation of Freedom of Expression?” (2002) 11:1 Health L Rev 32, online: <www.hli.ualberta.ca/HealthLawJournals/~/media/hli/Publications/HLR/11-1-billingsleyfrm.pdf>.

¹¹Ibid.

¹²Ibid.

¹³Ibid.

¹⁴Wesley J Smith, “Constitutional Cloning”, The Weekly Standard (8 September 2004), online: <www.weeklystandard.com/constitutional-cloning/article/5908>.

¹⁵“Cloning: Frequently Asked Questions”, NPR, online: <www.npr.org/news/specials/cloning/faq_blanknav.html>.

Promoting Cultural Diversity on International Mother Language Day

 

We continue our week of notable Canadian dates with coverage of International Mother Language Day. Did you know that February 21st is actually a significant day throughout the world? Eighteen years ago the United Nations declared February 21st International Mother Language Day to celebrate and promote cultural diversity, multiculturalism, and multilingualism.¹

 

International Mother Language Day was created to help preserve linguistic diversity and encourage individuals to celebrate their unique cultures. There are roughly 7,000 unique languages spoken worldwide with 96% spoken by only 4% of the world’s population.²  Further, of the 7,000 languages only a few hundred are used in formal education systems, and even fewer are used in the digital media world.³ These statistics suggest that international awareness and appreciation of these cultures should to be encouraged. This is why the UN formally recognizes International Mother Language Day to raise awareness of minority language issues and encourage individuals to continue to pass on their unique languages.

 

Mayor Don Iveson formally recognized International Mother Language Day in the city of Edmonton in 2015. Over a third of Edmontonians speak a language other than French or English in their homes.⁴ As a multicultural nation, the city believed that they had a duty to promote, encourage, and accept the use of non-official languages. Mayor Iveson believes that “Keeping languages alive is important for the richness of our culture and the diversity that strengthens Edmonton.”⁵

 

The theme for 2017 is “Towards Sustainable Futures through Multilingual Education.”⁶ The goal this year is to promote the availability of multilingual education throughout the world. UNESCO Director-General Irina Bokova has launched an appeal for the use of “multilingual education to be acknowledged everywhere, in education and administrative systems, in cultural expressions and the media, cyberspace and trade."⁷ Bokova believes that increasing the availability of multilingual education will help prepare students for success. Students learn fundamental reading and writing skills in school but these skills are fostered when they are able to learn them in their mother tongue.⁸ Thus, increasing the number of languages in these institutions is necessary.

 

We hope that International Mother Languages Day will continue to raise awareness for minority language issues. We are excited to see how the UN appeal unfolds, and hopefully more language education options become available.

 

¹ “International Mother Language Day 21 February” (2016), United Nations, online: <www.un.org/en/events/motherlanguageday/>.

² Ibid.

³ Ibid.

⁴ Claire Theobold, “International Mother Language Day declared in Edmonton”, Edmonton Sun (21 February 2015), online: <www.edmontonsun.com/2015/02/21/international-mother-language-day-declared-in-edmonton>.

⁵ Ibid.

⁶ “International”, supra note 1.

⁷ Ibid

⁸ Ibid.

Happy Louis Riel Day!

Happy Family Day Readers! As you are enjoying your day off from work, or the beginning of Reading Week for those students out there, we bring you a brief biography of Louis Riel.

In Alberta, we celebrate this statutory holiday “Family Day”; but move a bit more east and Manitoba is celebrating “Louis Riel Day.” In honour of this holiday, we bring you a brief introduction into Louis Riel’s life and involvement in Confederation.

Louis Riel is considered to be one of Canada’s greatest Metis advocates. Riel, the oldest of 11 children, was born on October 22, 1844.¹ His paternal grandmother was a Franco-Chipewyan Métisse and passed her Aboriginal ancestry through to Riel’s family.² Riel grew up in a close and religious family and attended Catholic school. Archbishop Tache took great interest in Riel early on; arranging for Riel to take classes at Petit Séminaire de Montréal to enter the priesthood.³ Throughout his college career, Riel was known for wild mood swings and bouts of deep depression.⁴ He eventually dropped out of college in 1865, one year after receiving news that his father had passed away.⁵ After dropping out, Riel returned to Red River to help support his family.⁶

A few years later Riel began to make his political mark when the Hudson’s Bay Company made plans to sell Rupert’s Land and the North Western Territory to the Dominion of Canada.⁷ Metis people in this area were concerned that an influx of Anglo-Protestants would take over their unique social, cultural and political status.⁸ To protect their culture and interests, the Metis in the area created the Metis National Committee to represent them, with Riel being elected as secretary and eventually president.⁹ As the Committee’s president Riel advocated for the protection of Metis rights to ensure their culture would be protected when Manitoba eventually entered into Confederation.

Riel was an aggressive advocate for minority rights in Manitoba, and this aggression may have led to his demise. In 1885, Riel was charged with treason for the shooting of Thomas Scott.¹⁰ Scott was a member of Canada First, a group that believed Metis and French Canadians had no place in Confederation.¹¹ As tensions grew between the Metis and Canada First, Riel made the brash decision to execute Scott. Riel’s lawyers tried to defend the charge using the insanity defence. Riel was adamantly against the insanity plea, believing it would discredit Metis people’s legitimate complaints against the Canadian government.¹² The trial concluded with Riel delivering a lengthy speech proving his sanity, which meant he was sentenced to death.¹³ French Canadians took issue with Riel’s execution, and to this day some believe he was sentenced to death due to his Metis heritage.¹⁴

Today, Louis Riel is officially recognized as the “Founder of Manitoba” by the Canadian government.¹⁵ Beginning in 2007, Manitoba recognizes the third Monday in February as Louis Riel Day, to honour his relentless fight to protect Metis and other minority rights.¹⁶ Louis Riel embodied many qualities that Canadians pride themselves on, accepting, cooperative, and multi-cultural. Honouring his work during Confederation is worthwhile.

 

 

¹ Adam Gaudry, “Louis Riel” (22 April 2013), The Canadian Encyclopedia, online: <www.thecanadianencyclopedia.ca/en/article/louis-riel/>.

² Lewis H Thomas, “Riel, Louis (1844-85)” (1982), online: 11 Dictionary of Canadian Biography, <www.biographi.ca/en/bio/riel_louis_1844_85_11E.html>.

³ Ibid.

⁴ Ibid.

⁵ Ibid.

⁶ Ibid.

⁷ Gaudry, supra note 1.

⁸ Ibid.

⁹ Ibid.

¹⁰ Ibid.

¹¹ “The Execution of Thomas Scott” (2001), CBC Learning, online: <www.cbc.ca/history/EPCONTENTSE1EP9CH2PA4LE.html>.

¹² Gaudry, supra note 1.

¹³ Ibid.

¹⁴ Thomas, supra note 2.

¹⁵ Government of Manitoba, “Journee Louis Riel Day”, (2008).

¹⁶ Ibid.

Mercy Anne Coles: Socialite-qua-Historian

Today’s post explores the social atmosphere surrounding Confederation by examining some excerpts of the diary of Mercy Anne Coles. Coles may not have had a direct influence on Confederation but as a young woman she accompanied her father, the first Premier of Prince Edward Island (PEI), to social events and documented her experiences in detail.

In her upcoming book Miss Confederation: The Diary of Mercy Ann Coles, Anne McDonald argues that “without [Coles’] diary, ‘Confederation history is incomplete.’”[1] Her diary demonstrates that behind-the-scenes political networking was critical, which the record of official conference meetings in Charlottetown and Quebec did not include.[2]

As many business professionals will attest, social networking outside the office can offer opportunities such as getting a job, a mentor, or increased clientele. As law students, we are encouraged to participate in extracurricular activities such as rounds of golf or dinner engagements to build and strengthen relationships with future employers, colleagues, and clients. The old adage, “deals are made on the golf course” has some truth to it.[3]

As the daughter of a prominent politician, Coles interacted with the high powered drivers of Confederation. These included Sir John A. Macdonald, who may have flirted with her; George Brown, who described her as attractive and intelligent; and Dr. Charles Tupper, who treated her in his capacity as a physician.[4]

Some attendees used pre-Confederation social events as an opportunity to introduce their unmarried daughters to potential suitors.[5] Despite being quite popular among gentlemen at various dance balls and dinners, the young Ms. Coles’ social interactions might have been politically motivated, rather than romantically.[6] On one hand, she had many dance partners and men seemed to take kindly to her. On the other hand, as PEI journalist and politician Edward Whelan wrote:

[Politicians] are cunning fellows; and there’s no doubt that it is all done for a political purpose; they know if they can dance themselves into the affections of the wives and daughters of the country, the men will certainly become an easy conquest.[7]

Coles’ father needed a great deal of persuasion to buy into the idea of Confederation. As Premier of PEI, his agenda did not align well with that of the larger provinces.[8] Although her father and her family were well recognized, the parties did not serve the anticipated matchmaking function.[9]

Though history tends to be written by men and about men, the preservation of Mercy Coles’ diary demonstrates how women played an important role in recording history and indirectly influencing political moments, even before they had the right to vote.

 

[1] Christa Z Thomas, “Stepping Out”, Women of Confederation (17 November 2014), online: The Women of Confederation <women-of-confederation.ca/tag/mercy-ann-coles>.

[2] Gillian Goerz, “Mercy Anne Coles”, Historica Canada (2015), online: The Canadian Encyclopedia <www.thecanadianencyclopedia.ca/en/article/mercy-anne-coles/>.

[3] RG, “Why Golfers Get Ahead,” The Economist (21 November 2011), online: <www.economist.com/blogs/gametheory/2011/11/golf-and-business>.

[4] Goerz, supra note 2; Thomas, supra note 1.

[5] Ibid.

[6] Goerz, supra note 2.

[7] Goerz, ibid; Thomas, supra note 1.

[8] Goerz, ibid.

[9] Ibid.

Enough about Queen Bey, let’s talk about Queen V!*

Having recently reviewed some prominent Fathers of Confederation, this week we focus on Mothers of Confederation. Without a doubt, the most prominent and important female influence of Confederation was Queen Victoria.

Queen Victoria’s connection with Canada went beyond merely sitting as monarch over a colony. Her father, Prince Edward, Duke of Kent, lived in Quebec and the Maritimes for the better part of a decade.[1] Canada’s smallest province, Prince Edward Island, was named after him.

Queen Victoria was Canada’s ultimate political signatory to enact Confederation. It was an appealing mechanism with which to unite French- and English-speaking residents, to facilitate trade among the regions, and to stave off American invasion.[2] Some Canadian and British politicians reasoned that the US would be more likely to conquer Canada if the regions remained separate British colonies. Therefore, Confederation not only internally united Ontario, Quebec, and the Maritimes, it also protected the region from external threats.

One of Queen Victoria’s first steps to uniting British North America was to ease tensions after the rebellion uprisings in Upper and Lower Canada.[3] The rebellions started in 1837, the year Victoria ascended to the throne, and continued to 1839. She granted amnesties to rebels as early as 1838, allowed the Governor General to issue special pardons in 1843, and granted completed pardons for anyone involved in the rebellions through the Amnesty Act in 1849.[4] One former rebel became a father of Confederation, which speaks to the Queen’s work in reconciliation.

In a further commitment to maintain harmony in her colony, Queen Victoria directly met with First Nations leaders before Confederation. Her children appear to have continued that commitment by visiting Canada and meeting with First Nations leaders to listen to political needs and concerns.[5]

Although her father and five of her children visited Canada, Queen Victoria never did.[6] Moreover, one critic wrote that Queen Victoria’s personal diary seems dismissive of major Canadian events.[7] On May 22, 1867, the Queen noted only briefly that she attended the final meeting to authorize Confederation. And on July 1st, 1867, Queen Victoria wrote of her daughter’s fifth wedding anniversary and of the weather, with no mention of Canada.[8]

Other historians note that the Queen never stopped grieving her husband’s death in 1861.[9] Perhaps, though committed to Canada’s political interests, she merely reflected in her personal journal without considering whether 150 years later we would analyze her private thoughts.

Whatever her motivation for her personal diary, Queen Victoria’s motivation for Confederation was echoed by those who were on the ground in British North America. Confederation had political motives that transcended those among the colonies. As Canada’s Queen, Victoria made her mark on Canada and we continue to celebrate her reign with the annual Victoria Day long weekend.

 

*Just kidding; we love Queen Bey.

[1] Arthur Bousfield, “Queen Victoria, 1837-1901: Mother of Confederation,” Canadian Royal Heritage Trust (2013), online: <crht.ca/queen-victoria-mother-of-confederation/>; Carolyn Harris, “Queen Victoria and Canada,” Queen’s Alumni Review, Queen’s University (2016), online: <www.queensu.ca/gazette/alumnireview/stories/queen-victoria-and-canada>.

[2] Library and Archives Canada, Government of Canada “How Canada was Formed,” Politics and Government, Library and Archives Canada online: <https://www.collectionscanada.gc.ca/confederation/kids/023002-1010-e.html>; Canada History, “The London Conference,” CanadaHistory.com (2013), online: <http://www.canadahistory.com/sections/eras/confederation/London.html>.

[3] Harris, supra note 1.

[4] Ibid.

[5] Ibid.

[6] Ibid.

[7] Randy Boswell, “Queen Victoria, the ‘Mother of Confederation,’ Made No Mention of the Event in her Diary,” Postmedia Network Inc (25 May 2012) Canada.com, online: <www.canada.com/news/Queen+Victoria+Mother+Confederation+made+mention+event+diary/6679733/story.html>.

[8] Ibid.

[9] Bousfield, supra note 1; Harris, supra note 1.

Someday We'll Find It, The Rainbow Connection

It is important to identify that none of the contributors to The Dominion self-identify as members of the LGBT community. We recognize that, today, we are writing about things that we haven't personally experienced and that our ability to competently write on this issue is limited. We also recognize that the abbreviation “LGBT” is considered by many to be incomplete. We have chosen to err on the side of simplicity and familiarity. It is not our intent to offend. We apologize for any shortcomings that appear below.

 

One might assume that LGBT rights in Canada were worse the further one delves back into our history. This would be incorrect. While LGBT rights in 1867 were nowhere near what they are today, it's important to note that things actually got a lot worse before they got better.

In 1867, there were “buggery” laws on the books,¹ and this crime was punishable by death in British North America. As abhorrent as this is, these were inherited laws from Great Britain and officials on this side of the pond simply didn't see fit to impose the punishment. While there were many people sentenced to death for this “crime,” there are no records of this sentence being carried out. Instead, the convicted were pardoned or had their sentences commuted.

As unjust as this position was, in 1948 the Criminal Code was amended to label gay men as “criminal sexual psychopaths”, as well as to provide for indeterminate prison sentences.² In the 1950s and 1960s, a pseudoscientific device known as the “fruit machine” was employed to identify gay men.  These men were deemed to be ineligible for government jobs, including the Canadian Forces and the Royal Canadian Mounted Police.³ This signified a low point for LGBT rights in Canada.

In 1968, Minister of Justice John Turner introduced The Criminal Law Amendment Act, 1968-69, an omnibus bill that decriminalized homosexuality.⁴ His predecessor, Pierre Trudeau, who had introduced an earlier version of the Bill, famously commented that “there's no place for the state in the bedrooms of the nation”.

Of course, mere decriminalization was insufficient, and systemic discrimination against LGBT people was still a problem. It still is, but things have started to get better. The advent of the Canadian Charter of Rights and Freedoms⁵ in 1982 brought forth important protection against discrimination for segments of the population that were identified as minority groups.⁶ Sexual orientation was NOT included.

It was not until 1995⁷ that the Supreme Court of Canada “read-in” sexual orientation to s. 15 of the Charter. In 1998⁸ the Court went a step further and ensured that provincial human rights statutes needed to be interpreted as if sexual orientation was deemed to be a prohibited ground for discrimination. This was held to be so, regardless of the intention of the provincial governments when crafting their legislation. The next year, the Court ruled on the landmark case M. v. H.⁹ allowing for same sex marriage in Canada, later resulting in the federal Civil Marriage Act¹⁰ which codified this right.

While these measures have undoubtedly improved life for gay, lesbian, and bisexual people the battle for equality has just begun for those with non-traditional gender expressions and identities. An Act to Amend the Canadian Human Rights Act and the Criminal Code is currently before Parliament to add protections from discrimination on these grounds.¹¹

Legislation is not enough. The systemic discrimination that has resulted in unfair treatment to these minority groups are not going to disappear by the mere stroke of a pen. While good law is indeed necessary, it is not sufficient.

To those of our readers in law school, legal professions, politics, and others who occupy positions of power or are going to in the future, consider this a call to arms. If our country is going to keep advancing against intolerance, we need to help lead the charge. We must decide how we are to use the influence that will invariably be entrusted to us, and we must do so fearlessly.

Intolerance and hate have dominated for far too long. For what it's worth, we're choosing love. We hope that you'll join us.

 

¹ Consolidated Statutes of Canada 1859, c 91, s 22.
² RSC 1927, c 36.
³ Gary W Kinsman, Dieter K Buse & Mercedes Steedman, Whose National Security?: Canadian State Surveillance and the Creation of Enemies (Canada: Between the Lines, 2000).
⁴ SC 1968-69, c 38.
⁵ Part I of the Constitution Act, 1982, being Schedule B to the Canada Act (UK), 1982, c 11 [Charter].
⁶ Ibid at s 15.
⁷ Egan v Canada, [1995] 2 SCR 513.
⁸ Vriend v Alberta, [1998] 1 SCR 493.
⁹ [1999] 2 SCR 3.
¹⁰ SC 2005, c 33.
¹¹ Bill C-16, An Act to Amend the Canadian Human Rights Act and the Criminal Code, 1st Sess, 42nd Parl, 2016.

Then and Now: Judicial Review

To continue this week’s theme of throwbacks, today’s post highlights a lecture on the evolution of judicial review through Canada’s 150 years. The Friends of the University of Alberta presented the Honourable Justice Russell Brown at the 2017 H. M. Tory Lecture this week. Justice Brown was an award-winning professor at the Faculty of Law until his meteoric rise to the bench starting in 2013.[1] After approximately a year and change at each of the Courts of Queen’s Bench and Appeal of Alberta, he now sits as a puisne justice at the Supreme Court of Canada.

Justice Brown discussed the importance of judicial review in light of the Constitution Act, 1867 (formerly, the BNA Act) and the Constitution Act, 1982, which includes the Charter of Rights and Freedoms.[2]

Canada’s separation of powers includes the executive branch (Prime Minister and Cabinet or Premier and Cabinet, as well as unelected government employees), the legislative branch (federal Members of Parliament or provincial Members of Legislative Assemblies), and the politically independent judicial branch. Judicial review occurs when a court convenes to consider the lawfulness of executive powers or legislation. Often, the primary legislation that delegates power to administrative bodies, such as the Human Rights Tribunal or the Workers’ Compensation Board, will allow a party to appeal decisions of that body to a court.[3]

Before the 1982 patriation of the Constitution, the BNA Act gave Parliament the sovereignty to enact any law it desired because the Constitution was enacted to be “similar in principle to that of the United Kingdom.”[4] Technically, Parliament still enjoys this right. However, in 1982 the new Constitution was given “Primacy” or supremacy over all other laws enacted by legislative or executive power.[5] This means that Canada’s courts can review legislation to ensure that it does not conflict with Canada’s body of constitutional law (including the Charter).

Between 1867 and 1981, courts reviewed legislation primarily to ensure that the Canadian federal system was maintained: that federal Parliament and provincial legislatures enacted laws according to their powers under sections 91 and 92 of the BNA Act, respectively.

From 1982 onward, the judiciary has taken on a more involved role. The introduction of the Charter as part of the supreme law of Canada requires that courts ensure there is a proper and lawful limit to the legislative infringement on the rights and freedoms of individuals.

But rights and freedoms are not absolute; they are subject to reasonable limits as are demonstrably justified in a free and democratic society.[6] Therefore, courts determine not only whether a law infringes on Charter rights, but whether it can be justifiably upheld.

Sometimes judges are accused of judicial activism; of overstepping their role as mere interpreters of the law. As Justice Brown put it, however, judges are more than just interpreters. They are legal referees in this law-versus-Charter-value game. Although legislators tend to enact laws that reflect the will of their electorate, sometimes Canada needs unelected constitutional law specialists to put the interests of, say, minority interests before that of written laws. For Justice Brown, this is true law and it is has evolved beyond interpreting merely questions of jurisdiction.

 

[1] Dean Paul Paton, Faculty of Law, University of Alberta, in his introduction of Brown J, HM Tory Lecture (2017).

[2] 30 & 31 Victoria, c 3 (UK) [Constitution Act, 1867]; being Schedule B to the Canada Act 1982, 1982 c 11 (UK) [Constitution Act, 1982].

[3] Alberta Human Rights Act, RSA 2000, c A-25.5, s 37(1); Workers’ Compensation Act, RSA c W-15, s 13.4(1).  

[4] J Noel Lyon, “The Central Fallacy of Canadian Constitutional Law,” 22 McGill Law Journal 40, online: <www.lawjournal.mcgill.ca/userfiles/other/5264739-02.pdf> at 1; Constitution Act, 1867, supra note 2, Preamble, at para 1.

2000, c W-2.15, s 13.4(1).

[5] Constitution Act, 1982, supra note 2, s 52.

[6] Constitution Act, 1982, ibid, s 1.

Throwing it Back on Tuesday: People Edition

We continue our week examining cultural changes in Canada over the last 150 years with today’s discussion on Canadian demographics. Although the British North America Act does not directly relate to how diverse our population is, Canadian citizens elect politicians and leaders who influence our laws and political climate. As our social makeup changes, so do our values and, in turn, our laws. Today we focus on the people living in the country to understand how Confederation and today’s political climate evolved.

 

When we look back to 1867, Canada’s population looks strikingly different than it does today. Today, Canada prides itself on its multiculturalism and welcoming of immigrants. A flashback to the people of 1867 paints a much different picture. At the time of Confederation, 79% of the Canadian population were born in Canada.¹ The majority of the country’s population grew up with similar cultural and religious values, with Roman Catholicism and Protestants dominating all other religious beliefs.² These religions were so dominant early on in Canada’s formation that our own national anthem even features a reference to “God.” This has created some controversy recently as to whether our national anthem should be modified to reflect our changing social landscape with respect to individual religious views.

 

The immigrant population in 1867 was also widely different than current trends. The biggest immigrant group consisted of French settlers, with English, Welsh, Irish, and Scottish people also making their way to Canada.³ The immigration population at the time consisted of mainly Caucasian Europeans. The majority of these newcomers settled into Upper Canada at the time, with the rest mainly finding a home in Lower Canada.⁴ European immigrants certainly influenced Confederation in 1867, however Indigenous populations inhabited this land long before. By the year of Confederation, historians estimate that 100,000 to 125,000 Indigenous people were living in Canada.⁵

 

When we fast-forward to life in 2017, a much different picture of Canadian people exists. By 2006, Canada had reached an immigrant population of 6.2 million people, which equates to 19.8% of the entire population.⁶ If current trends continue, the immigrant population by the end of 2017 is expected to reach nearly 22% of the population.⁷ Although the percentage of immigrants has remained relatively stable around 20% since Confederation, their origins have become more diverse. Today, immigrants come from every continent in the world, the majority of which are of Asian descent, not European.⁸ With the increase in immigrants, the country has seen a surge in the number of unique languages, cultures, and religions. Specifically, Chinese immigrants have become the leading visible minority group, accounting for roughly 1 million people throughout the country.⁹ Indigenous populations have also substantially grown since Canada’s creation. The 2011 national census reports, that 1,400,685 people (4.3% of the population), consider themselves Aboriginal and over 60 Indigenous languages exist.¹⁰

 

Religion has also changed within the last 150 years. Roman Catholicism is still the most widely practiced religion throughout Canada, representing 38.7% of the entire population.¹¹ While Roman Catholicism continues to have a widespread following, it is not as dominant as it was during Confederation. Further, a variety of new religions are currently practiced throughout the country. Islam, Hinduism, Sikhism, and Buddhism are now common throughout Canada, with 7.2% of Canada's population reporting practicing one of these.¹² The increase in religious diversity is likely the reason some Canadians believe the inclusion of word “God” in our national anthem is no longer appropriate as it tends to connote a Christian reference.

 

Canada is becoming a more diverse place. In 2017, it is hard to pinpoint whom a Canadian is or what they might look or sound like.

 

 

¹ Statistics Canada, “Canadian Statistics in 1867”, (Ottawa: Statistics Canada, 2009), online: </www65.statcan.gc.ca/acyb07/acyb07_0002-eng.htm>.

² Ibid.

³ Ibid.

⁴ Ibid.

⁵ Laura Aylsworth & Frank Trovato, “Demography of Indigenous People” (1 February 2012), The Canadian Encyclopedia, online <www.thecanadianencyclopedia.ca/en/article/aboriginal-people-demography/>.

⁶ Statistics Canada, “Some facts about the demographic and ethnocultural composition of the population”, (Ottawa, Statistics Canada, 2008), online: <www.statcan.gc.ca/pub/91-003-x/2007001/4129904-eng.htm#2>.

⁷ Ibid.

⁸ Ibid.

⁹ Ibid.

¹⁰ Aylsworth & Trovato, supra note 5.

¹¹ Statistics Canada, “2011 National Household Survey: Immigration, place of birth, citizenship, ethnic origin, visible minorities, language and religion”, (Ottawa: Statistics Canada, 2011), online: <www.statcan.gc.ca/daily-quotidien/130508/dq130508b-eng.htm>.

¹² Ibid.

 

Music Monday: Throwback to 1867

As a further tribute to our faculty’s annual Law Show this past weekend, this week’s blog theme will focus on differences in pop culture between 1867 and 2017. It’s the week of throwbacks! We will compare people who lived in and around 1867 with people today who make similar cultural contributions, 150 years later. Though not directly in concert with the BNA Act, it is evident that culture and politics intertwine. To kick off this throwback week, we begin with a musical comparison.

Considering that popular music styles evolved quickly in the 20th century, it’s safe to say that music was drastically different in 1867. In western music culture, it was the romantic period. Music was expressive, emotional, and it produced legends like Beethoven and Schumann (Robert and Clara!). They had only pens, paper, and their own minds and experiences to inspire their music.

Nowadays, our musical influences include Justin Bieber, Kanye West, and Beyonce, not to mention the endless sources on the internet from which artists can get inspiration. We have digital online music writing programs and online instruments, making music easier than ever to compose, perform, and share. John Adams, a 20th and 21st century minimalist composer, warned about the overuse of technology in music composition, stating,

“We’re in danger of an overflow of extremely mediocre music… partly because composing has become dangerously easy. Everyone can carry around software programs on a laptop and compose a new piece in a single evening. But the trouble is, of course, that the software dictates the parameters of what you can do, how you can think”.¹

While there are downfalls in the modern age of music composition, music is unique in that the finished product can exist forever, electronically. Composers and musicians are not just working with and against their contemporaries; they do so also with those who came before them. In this 21st century contemporary post-modern era of music, we see composers taking influence from all areas of music, and from all time periods to give listeners new experiences.

For example, Adams’ work On the Transmigration of Souls is a choral piece that pays tribute to the victims of the 9/11 attacks. The song does not follow any obvious musical structure, and incorporates whispering, noise, and other non-traditional sounds throughout the composition. As a young child, I performed this work with my choir, and I can attest to the fact that it was not “typical”. In fact, I can recall many rehearsals during which we all struggled to remember the lyrics and flow to this 25 minute-long piece, because to us, it didn’t make musical sense. It incorporated victims’ names and quotes from family members of victims, changing themes and never staying in one “place” for too long. At the time, it seemed like the epitome of post-modern non-sensical music.

Had I dug deeper, I would have discovered that it wasn’t such a far stretch from works of the 19th century. Adams has stated in interviews that he has an obsession with composer Ludwig van Beethoven; that, “we [all] have music that we love so much that we kind of want to get under the skin of that composer, for me taking not so much melodies but just harmonic fragments”.² Adams uses his privileged position as a musician who follows some of our culture’s best composers to incorporate their art into his; creating something new from something old.

Fittingly, we performed On the Transmigration of Souls alongside Beethoven’s Symphony No 9, a 19th century classic. Adams’ piece is a commemoration of those who died in 9/11, intended to provide a “memory space”³ where listeners can be alone.⁴ In contrast, Beethoven’s 9th is a rejoice of freedom. These two songs are performed together all over North America, and tell a story of oppression and mourning and eventual release.⁵

Comparing Adams with Beethoven is only one example of how music between then and now can differ, but still be complementary. By no means do I wish to hear One Direction juxtaposed with Schubert, but to isolate music from 1867 as totally different and irreconcilable with music from today could be a mistake. For choir nerds like me, the ability of musicians to pull influence from 150 years ago is exciting: it leaves open endless possibilities for composers of the future.

¹Guy Dammann, “We Are All Living in Fear”, The Guardian (15 October 2008), online: <www.theguardian.com/music/2008/oct/15/usa>.

²NPR Staff, “John Adams Mines Beethoven’s Mind”, NPR Music (10 November 2015), online: <www.npr.org/sections/deceptivecadence/2015/11/10/450560466/john-adams-mines-beethovens-mind>.

³Tom Huizenga, “John Adams’ Memory Space: ‘On the Transmigration of Souls’”, NPR Music (10 September 2011), online: <www.npr.org/sections/deceptivecadence/2011/09/10/140341459/john-adams-memory-space-on-the-transmigration-of-souls>.

⁴Ibid.

⁵Benjamin Carlson, “What Does Beethoven’s Ninth Symphony Mean”, The Atlantic (7 September 2010), online: <www.theatlantic.com/entertainment/archive/2010/09/what-does-beethovens-ninth-symphony-mean/62556/>.

Should the State Criminalize Family Choices?

Canada is known as a country of immigrants and prides itself on its multicultural heritage.  When immigrants migrate to this country they bring with them many unique beliefs, customs and traditions. Polygamy is a custom practiced overseas, but has been outlawed in Canada since the 1800’s. The practice recently made its way into mainstream media and the courts. In addition to some immigrants who bring polygamist practices from their home countries, members of a Mormon community in British Columbia have also been featured in the media. Two of their main members have recently been charged with polygamy and other criminal offences. Coverage of immigrant cases and the British Columbia charges has created a very interesting Charter question. If polygamy is part of a particular religion, do these laws violate section 2(a) of the Charter?

Background to Polygamist Laws in Canada

Polygamy has been a criminal offence in Canada since 1892 under the Criminal Code.¹ Polygamy is currently illegal under s. 293 of the Criminal Code. The law criminalizes any marital union exceeding two people, and also criminalizes celebrating or assisting these unions.² In addition, the common law has long considered marriage “as the voluntary union… of one man and one woman to the exclusion of all others.”³ The common law definition of marriage evolved with the recognition of same-sex marriage throughout Canada.⁴ However, the underlying principle of marriage being a union between two people still remains and is recognized in section 2 of the Civil Marriage Act.⁵

Practicing Polygamy

Little research exists to determine the number of polygamous unions in Canada. In Ontario, polygamist marriages that are validly entered into in a person’s home country may be granted legal recognition.⁶ While polygamy is federally outlawed, the Ontario Family Law Act has allowed for this minor exception for immigrant families under s. 1(2).⁷ The province likely implemented this legislation to allow polygamous families to remain united when coming to Canada. Without this protection, only one spouse would be granted legal marriage rights upon immigration to Canada, creating a problematic family structure for individuals who have always lived this way. Some research suggests that there are a few polygamist families who have sought immigration to Ontario for this reason. Others have had to seek immigration with only one recognized spouse, because polygamous marriages are not recognized or legally protected in other provinces.⁸

The most renowned practicing polygamist group in Canada is a community of Fundamental Mormons residing in Bountiful, British Columbia.⁹ Recently, two members of this group were charged with polygamy and human trafficking of under-aged members of the religious community.¹⁰ For the polygamy charges there is a possibility that the men may make Charter claims that Canada’s polygamy laws are unconstitutional. If this happens, changes to the Civil Marriage Act and Criminal Code may also be required.  

Charter Issues

The main question arising is whether Canada’s polygamy laws violate s. 2(a) of the Charter. Under s. 2(a) individuals are guaranteed the right to freedom of religion.¹¹ If polygamy is part of a religious tradition, it is possible for these groups to argue the Civil Marriage Act and Criminal Code are discriminatory based on their religious beliefs.  Beverly Baines, a law professor at Queen’s University believes that if the issue ever reaches the Supreme Court of Canada it will be hard to uphold the current polygamy laws.¹²

While the men from Bountiful are also charged with child trafficking, that in and of itself does not equate to polygamy.¹³ The problem with the current framework is that these men are being charged, among other acts, for their family practices. If the polygamy laws were abolished, the men would still be charged with their crimes against the children in Bountiful. Baines’ main focus is on gender equality, and hopes that women in polygamous relationships will have the chance to speak out as to whether polygamy is a harmful and abusive practice.¹⁴ If the women and children in these relationships believe the practice, excluding other criminal actions, is not abusive then the government should have no right criminalizing family choices.¹⁵ After all, at one point in time it was illegal to be in a same-sex marriage, a practice that is now widely accepted worldwide.

 

¹ Bala et al, “An International Review of Polygamy: Legal and Policy Implications for Canada” in Angela Campbell, ed, Polygamy in Canada: Legal and Social Implications for Women and Children (Ottawa: Status of Women Canada, 2005) 1 at 3.

² Criminal Code, RSC 1985, c C-46, s 293.

³ Hyde v Hyde and Woodmansee (1866), LR 1 PD 130 at 133.

⁴ Bala, supra note 1 at 3.

⁵ Civil Marriage Act, SC 2005, c 33, s 2.

⁶ Bala, supra note 1 at 3.

⁷ Family Law Act, RSO 1990, c F3, s 1(2).

⁸ Ibid.

⁹ Jason Proctor, “B.C. polygamists, accused of taking child brides to U.S., face trial”, CBC News (21 November 2016), online: <www.cbc.ca/news/canada/british-columbia/polygamy-bountiful-oler-blackmore-1.3860888>.

¹⁰ Daphne Bramham, “Polygamist parents from Bountiful, British Columbia, go on trial for child trafficking”, National Post (22 November 2016), online: <news.nationalpost.com/news/canada/polygamist-parents-from-bountiful-british-columbia-go-on-trial-for-child-trafficking>.

¹¹ Canadian Charter of Rights and Freedoms, s 2(a), Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11.

¹² Rachel Browne, “Feminists call for decriminalization of polygamy”, Macleans (15 August 2014), online: <www.macleans.ca/news/canada/in-wake-of-bountiful-charges-feminists-call-for-decriminalization-of-polygamy/>.

¹³ Ibid.

¹⁴ Ibid.

¹⁵ Ibid.

Alice in Wonderland: It’s Not Just Fiction

This Friday and Saturday, Law Show, a not-for-profit variety show at the University of Alberta Faculty of Law will be performing “Alice in Wonderlaw”. Though many of us are familiar with the story of Alice in Wonderland, the name has a unique connotation when discussed in the context of the Canadian law. In the literal sense, Alice in Wonderland is a tale in the nonsense literary genre.¹The story follows a young girl who falls down a rabbit hole, meeting interesting and strange characters on her journey to return home. Legally, courts in many countries have associated the title with laws which are illogical. The term has become associated with laws and policies which are unrealistic, imaginary or impossible to implement.

In Canada, Alice in Wonderland (AIW) comes into play when grappling with many aspects of our legal system. In the context of aboriginal law, AIW qualities are rampant in both specific and comprehensive aboriginal land claim litigation.² In dealing with comprehensive claims, these qualities are seen from the Canadian and Quebec governments’ failures to honor the James Bay and Northern Quebec Settlement Agreement (JBNQA).³ In Namagoose v Robinson⁴, a court case that dealt with governmental non-compliance with the JBNQA, the Crown argued that the treaty was not statute nor was it ratified, so the government was not required to comply with its directives. In its decision, the court described the Crown’s argument as “ludicrous and incomprehensible”⁵, and therefore AIW-like.

Specific claims, unlike comprehensive aboriginal land claims, are based on a specific claim of non-compliance with a treaty provision;⁶ comprehensive claims are based on claims before British sovereignty. Specific claims are dealt with under the Specific Claims Tribunal Act⁷, for which the claims process has been deemed “Wonderlandish”.⁸ All claims under $150 million go through the tribunal, but the monetary worth of the claim has not yet been determined when that decision is made. How can a case be determined to claim less than $150 million, when the claim itself doesn't quantify an amount of money? Secondly, both the claim money, and administrative costs are paid out of the same grant. Therefore, it’s possible that the grant money has been spent on administration of the tribunal, leaving a dry pot for prevailing parties. In these respects, the government has channeled their inner Alice and gone down the rabbit hole with their policies and arguments, leaving all those involved in the dark.

AIW themes even take root in basic legal issues. Many legal scholars and professionals have criticized standard form terms on products and questioned whether they could really be contracts:

“Almost no one reads the terms… and for good reason: the product or service is necessary; the standard form will not be changed, since any attempt at negotiation would be futile; other suppliers are likely to insist on similar terms. As Radin says, there is an “Alice in Wonderland” quality in supposing that these forms are contracts.”⁹

In another another area, Alice is discussed in reference to photographic evidence in criminal trials. It is AIW-like, says D.S. Gardner, that x-ray evidence is admitted easily when it is impossible to ensure its accuracy.¹⁰ In contrast, photographic evidence is subject to a higher level of scrutiny even though each photo taken is independently verifiable.

All this is to say that that Canadian law is not perfect. There are many policies that are fantastical, arguments that do not make sense, and laws that are outdated and unrealistic. Alice appears in many areas of the law, and just like the Lewis Caroll tale, it is unlikely that she will go away anytime soon.

^{*Edited on February 1st.} 

¹Randy J Maniloff, “Alice in Wonderland Provides Proof That the Legal System Makes No Sense”, LexisNexis Legal Newsroom (22 April 2014) online: <www.lexisnexis.com/legalnewsroom/insurance/b/insurance-coverage/archive/2014/04/22/alice-in-wonderland-provides-proof-that-the-legal-system-makes-no-sense.aspx?Redirected=true>.

²Michael Posluns, “Aboriginal Land Claims: The Alice in Wonderland Dimension of the Canadian Judicial System”, SLAW (27 October 2011), online:  <http://www.slaw.ca/2011/10/27/aboriginal-land-claims-the-alice-in-wonderland-dimension-of-the-canadian-judicial-system/>.

³An Act Approving the Agreement Concerning James Bay and Northern Quebec, CQLR c C-67.

⁴Namagoose v Robinson, FCTD, 1991 FCJ No 904, action No T-451-91.

⁵Supra, note 2.

⁶Michael Posluns, “Specific Claims: The Alice in Wonderland Dimension of the Canadian Judicial System, Part 2”, SLAW, (25 January 2012), online: <http://www.slaw.ca/2012/01/25/specific-claims-the-alice-in-wonderland-dimension-of-the-canadian-judicial-system-part-2/>.

⁷Specific Claims Tribunal Act, SC 2008, c 22.

⁸Supra, note 6.

⁹Anthony Dugan, Jacob S. Ziegel & Jassmin Girgis, “Review Essay: The Problem of Standard Form Contracts: A Retreat to Formalism” (2013) 53:3 CBLJ 475 (WestlawNext Canada).

¹⁰Kent W. Roach et al, “Photographic Evidence: Its Probative Value at Trial and the Judicial Discretion to Exclude it From Evidence” (1973-1974) 16:2 CLQ 149 (WestlawNext Canada).

Ice on Whyte celebrates Canada 150

The Dominion is grateful for its readers nationally and internationally. Because we are based in Edmonton, we will promote and review events in Edmonton that celebrate Canada 150. We will also report on the Centre for Constitutional Studies events that feature excellent and interesting lecturers.

If you’re not in Edmonton, our event reviews are still designed to educate or entertain you. And if you’re elsewhere in Canada, check out Canada150.ca for events near you. 

Today’s post reviews Ice on Whyte, an annual ice-carving competition near Whyte Avenue with submissions from expert carvers around the world! It is located on Tommy Banks Way, which is fitting because Tommy Banks is a musician, former Canadian senator, and boasts a doctorate in laws and being awarded the Order of Canada. Events continue this coming weekend: Thursday and Friday 2pm to 10pm; Saturday and Sunday 10am to 10pm.

As is evident from the name, Ice on Whyte features a lot of ice. Whereas some Edmontonians might wish for warmer Januaries, the elaborate ice sculptures need the current temperatures to stay below zero for just a few more days.

The festival is mostly family friendly, but if you are looking for an 18+ environment, keep your eyes peeled for adults-only entertainment in the entertainment tent (at 2pm it turns into the Edmonton Beer Geeks Anonymous saloon). On Friday, January 27th, guests were treated to a vaudeville-style show with burlesque dancers and a contortionist/escape artist. The opening act, comedy duo Bud and Yolanda, set the evening’s bawdy tone with an upbeat song about an unfortunate, friendly cat; complete with double-entendre and a Trump joke.

  When the entertainment tent is not limited to an 18+ audience, it is open to minors. The “Ordinary People… Extraordinary Stories” exhibits recognize history made by notable Canadians, such as Alex Decoteau: member of the Cree nation, Olympic athlete, soldier, and the first Indigenous police officer in Canada. He attained the rank of Sergeant the Edmonton Police Service and died serving his country during the second battle of Passchendaele in World War I.

Across the fair grounds, the Second Cup Coffee igloo offers coffee for a $2 donation and hot chocolate for $1, as well as hosts quality local live music. Behind the igloo, both kids and adults can enjoy the giant ice-slide. Actors role-play to share history from Confederation-era Canada, especially appropriate for this year’s celebrations. Sit down for a fireside chat or climb into the giant canoe and pretend to paddle down the North Saskatchewan River. Please note that actually paddling down the North Saskatchewan in January is generally considered to be unwise.

Next Sunday, the tent will host the Old Strathcona Farmers Market Stew Off. If you can’t make the stew off, several food trucks are on site daily to take care of your hunger.

In addition to daily crafts, test out your carving skills with ice-carving challenges for kids and adults. Grab a hot chocolate and enjoy a sleigh ride, or watch the fascinating skill of the blacksmith demonstration. No matter your age or interests, this winter festival showcases some great Canadian talent and culture. This 1-page festival guide will help you plan your visit.

The Forgotten Other Cartier: a Man who Loved the Sound of his own Voice

Sir George-Étienne Cartier, son of Jacques Cartier III, grandson of Jacques Cartier II, and great-grandson of Jacques Cartier I; no relation to explorer Jacques Cartier.[1]

Montreal lawyer and politician George-Étienne Cartier was born 350 years after Jacques Cartier, the St. Lawrence River navigator and French settler. Before moving to Montreal, Sir Cartier grew up in Saint-Antoine-sur-Richelieu, a small town near Montreal where his family had lived for three generations.

As an adult, he enjoyed Montreal’s elite social scene and apparently loved the sound of his own voice. In fact, he once spoke for 13 hours in Parliament.[2] At both English and French social events, he would entertain guests by singing songs he wrote himself.

Although Sir John A. Macdonald is often hailed as the architect of Canada, Sir Cartier may have been the stronger force driving Confederation.[3] Even Macdonald is reported to have stated that Cartier, his co-premier of the Province of Canada, was the true Father of Confederation.[4]

Political and Legal Career

Cartier articled as a law student with MLA Edouard Rodier, member of the Patriote (rebel) Party, but delved into politics even before he was admitted to the Bar of Lower Canada in 1835. He worked to elect to legislature Patriote Party members Louis-Joseph Papineau and Robert Nelson; later joining them in the 1837-1839 Papineau Rebellion.[5] Cartier was charged with treason for his part in the failed rebellion and took exile in the United States. He returned after both swearing his allegiance to the Queen and when the colonial governor annulled the charges.[6] Unfortunately, he remained “a politically incorrect personage” and never shared the same level of praise in Quebec as does Jacques Cartier or in Canada as does Macdonald.[7]

Cartier nevertheless had a remarkable political career. He was elected in 1848 to the Legislative Assembly and strongly represented his constituents and French Canada.[8] He rewrote property laws, created a modern civil code, set up primary schools for Catholics and Protestants, oversaw the Hudson’s Bay Company negotiations to purchase Rupert’s Land and the North-Western Territory, and helped negotiate the creation of the province of Manitoba.[9]

Conflict of Interest

Sir John A., even with his reputation for imbibement, was perhaps a more suitable choice to embody the legacy as Canada’s Father of Confederation. Cartier further fell from favour in 1873 when he was implicated in the Pacific Scandal, a “cash-for-contracts” scheme where he accepted political donations from his railway promoter client.[10] Cartier acted as legal counsel for the Grand Trunk Railway and prevented US railways from taking over the Canadian Pacific Railway project. However, his political campaign was largely funded by this client, which received the government railway contract.[11] This ended his political career. He died later that year of a kidney illness.[12]

Confederation

Despite, or perhaps due to, Cartier’s commitment to French-Canadian nationality, Confederation was a high priority for him.[13] Confederation was a means to unite Upper and Lower Canada without assimilating the French settlers into English culture; to unite the British colonies in defence against the US; and to develop the intercolonial and pacific railways without US intervention.[14] Cartier took part in the London, Quebec, and Charlottetown Conferences to convince the Queen and other lawmakers that Confederation was the right decision. In 1867, as Macdonald became the first Prime Minister of Canada, Cartier became the first Minister of Militia and Defence and occasionally stood in for Prime Minister Macdonald when necessary.[15]

Clearly, Cartier had a voice that could not be silenced—while he lived. Whether he was singing to entertain his friends, rallying votes, or negotiating political instruments that would shape the political boundaries of the country, people listened to him. Unfortunately, his two political transgressions likely downgraded his legacy in the history books.

This lesser-known Father of Confederation wraps up this week’s posts. Next week, we’ll tell you about the Ice on Whyte festival that celebrates Canada 150. In a few more weeks, we’ll write about the Women of Confederation, including Sir Cartier’s long-time lover, Luce Cuvillier. Stay tuned!

[1] “Sir George-Étienne Cartier National Historic Site of Canada,” National Historic Sites (4 March 2014), online: Parks Canada <www.pc.gc.ca/eng/lhn-nhs/qc/etiennecartier/natcul/natcul1.aspx> [Parks Canada].

[2] “Fathers of Confederation: George-[É]tienne Cartier”, Canada: A Peoples History, CBC (2001), online: CBC <http://www.cbc.ca/history/EPCONTENTSE1EP8CH3PA2LE.html> [CBC].

[3] Ibid; Alastair Sweeny, “Confederation’s True Father? George-Étienne Cartier” (3 January 2014), online: The Globe and Mail <www.theglobeandmail.com/opinion/confederations-true-father-george-etienne-cartier/article16177890/>.

[4] Sweeny, ibid.

[5] Parks Canada, supra note 1.

[6] CBC, supra note 2.

[7] Sweeny, supra note 3. If you ever go to Montreal, you must visit Place Jacques-Cartier: www.vieux.montreal.qc.ca/tour/etape6/eng/6fena.htm. It’s beautiful.

[8] CBC, supra note 2.

[9] CBC, supra note 2; People: Sir George-Étienne Cartier, Library and Archives Canada (2 May 2005), online: Government of Canada <https://www.collectionscanada.gc.ca/confederation/023001-4000.12-e.html> [Library and Archives].

[10] Library and Archives, ibid.

[11] Sweeny, supra note 3.

[12] “Confederation: George-Étienne Cartier,” A Country by Consent, online: Canada History Project <www.canadahistoryproject.ca/1867/1867-07-ge-cartier.html>.

[13] Parks Canada, supra note 1.

[14] Sweeny, supra note 3.

[15] Parks Canada, supra note 1.

William Henry Pope: Father of Confederation & A Great Beard Too

William Henry Pope was born May 29, 1825 in Bedeque, Prince Edward Island (PEI), and later died on October 7, 1879.¹ A man of many talents and great intelligence, Pope was a politician, journalist, lawyer, judge, and land agent throughout his life.² The man had more successful careers than most people can hope for in five lifetimes. That person in law school that is involved in every club, seems to be at every event and is also probably a Dean’s Lister; this was William Henry Pope.

Pope received his post-secondary education in England where his father had originally emigrated from in 1819.³ After receiving his law degree, Pope returned to his native land of Canada to article under Edward Palmer back in PEI.⁴ After being called to the bar in 1847, Pope began a successful land agent practice.⁵ His practice became notorious after a few questionable business decisions took place. Pope’s father-in-law falsely convinced a client that the Liberal government at the time would not be interested in purchasing the client’s land.⁶ This caused the client to sell the property to Pope and his business partners for a mere $14,000, who then flipped the property to the Liberal government for nearly double the price.⁷ The deal was dubious, almost on the verge of fraud, but it cemented Pope as a legendary businessman. And we wonder why lawyers often get bad reputations in popular culture?

Fast forward into the 1850s, Pope moved away from his land agent practice, and began a political career. Pope was one of the few Prince Edward Island supporters of Confederation, which led to a deep feud with fellow PEI politician and former legal mentor Edward Palmer.⁸ Both men attended the Charlottetown and Quebec Conferences, with Palmer adamantly against Confederation and Pope in favour.⁹ As a result, the Conservative Party in PEI underwent deep-rooted conflict with regards to a united Canada. The popular vote favoured Palmer becoming Premier of the province, with William Henry Pope (and fellow ally Colonel Gray) needing to accept the harsh reality that Confederation was not popular amongst Islanders.¹⁰

Throughout the 1860s, Pope’s political career began to dwindle. It was rather unexciting until he was appointed to the bench in 1873. Pope was appointed by John A. MacDonald’s government to Prince County Court that year.¹¹ As a judge, Pope focussed extensively on pushing for Prince Edward Island’s inclusion in a united Canada.¹² Pope aggressively advocated this position even when it was still unpopular to do so. His passion for Confederation was evident throughout his judicial career, and likely impacted many of his decisions. In this role, Pope’s legal record was outstanding, with only two decisions out of thousands ever being appealed.¹³

With his death, Pope leaves behind an impressive legacy. Pope’s admirable career as a judge seems to make up for questionable land agent tactics nearly 30 years prior. Further, he will always be remembered as one of the few Islanders willing to stand up for Confederation, and help push the country into a united state.

 

 

¹ Ian R Robertson, “William Henry Pope” (16 January 2008), The Canadian Encyclopedia, online: <www.thecanadianencyclopedia.ca/en/article/william-henry-pope/> [Robertson, “William”].

² Ibid.

³ Robertson, “Pope, William Henry”, online: (2003) 10 Dictionary of Canadian Biography <www.biographi.ca/en/bio/pope_william_henry_10E.html> [Robertson, “Pope”].

⁴ Ibid.

⁵ Robertson, “William” supra note 1.

⁶ Ibid.

⁷ Ibid.

⁸ Robertson, “Pope” supra note 3.

⁹ Ibid.

¹⁰ Ibid.

¹¹ Ibid.

¹² Ibid.

¹³ Ibid.

Sir Alexander Campbell: Father of Confederation and Trusted Advisor

Sir Alexander Campbell was born on March 9, 1822 in Yorkshire, England.[1] A year later, his family moved to Canada, moving around until they settled in Kingston, Ontario in 1836. It was there that Campbell was eventually called to the bar. As a young boy, he received a high standard of education, during which he studied French, among other things.[2]  Unknown to him at the time, his French education would later help facilitate his political career. Once called to the bar, Campbell articled under John A. Macdonald and practiced with him for some time after, becoming his law partner in 1843.[3] The partnership dissolved, however, in 1849 when both men decided to enter politics. Regardless, their relationship stayed intact and would remain very important throughout Campbell’s political career.

It was not until 1850 that Campbell entered the political area, becoming an alderman in Kingston. He held that position for two years, after which he left for the national scene, though he returned to municipal politics years later. After proving to be a powerful figure in Kingston politics, he was elected to the Legislature of Canada in 1858 for the Cataraqui district. Three years later, Macdonald contacted Campbell to become a member of his cabinet. He refused, as Macdonald would not include other Conservatives in his cabinet. Campbell instead served a short stint as speaker of the house in 1863.

In 1864 he was given an opportunity to form government following Adam Johnston Fergusson Blair’s failure to do the same. Unfortunately, Campbell failed, too. He was not reputed to be a leader, and his failure reflected that characterization.[4] Rather, he was thought of as an manager. Specifically, he was a useful, organized and safe person to have around, and politicians recognized those qualities. Following his failure to form government, Campbell secured a position as the Commissioner of Crown Lands, a major political position in Canada at the time.[5] As Commissioner, he attended the Charlottetown and Quebec conferences. It was there that he gained his status as a ‘Father of Confederation’. Campbell viewed the conferences as an “opportunity to influence thought”[6] and there he advocated for Confederation. He was one of eight delegates sent to the conferences to represent the Province of Canada.[7] 

After Confederation in 1867, Campbell was called to the Senate. He served in many other important governmental roles including Postmaster General, Minister of the Interior, and Minister of Justice.[8] However, after 1867, he never again ran for elected office. He also led the opposition in the Senate for many years, which he left in 1887 to become the Lieutenant-Governor of Ontario, a position he held until his death.[9]

In 1885, when Louis Riel was captured, Campbell served as Minister of Justice.[10] Campbell insisted that Riel be tried in Regina, rather than Winnipeg. A Winnipeg trial may have resulted in a non-guilty verdict, which Campbell viewed as a “miscarriage of justice”. This decision showed his traditionalist and narrow style.

Outside of his political and legal careers, Campbell was heavily involved in other business and community efforts in Kingston and area.[11] He served as the Dean of the Faculty of Law at Queen’s University in Kingston, and had business interests in railway companies, insurance companies, and banks. His business ventures allowed him to create lucrative relationships that helped him in his political career. For example, Campbell was vice-president of the Isolated Risk Fire Insurance Company. Alexander Mackenzie, the second Prime Minister of Canada, was the president of the company. He also had connections with many prominent Kingston families, including the Cartwright and Campbell families.

Sir Alexander Campbell is remembered for his role as a trusted advisor to important government officials and a political manager.[12] He is best known, however, as an attendant of the Charlottetown and Quebec conferences. 

 

[1] “Sir Alexander Campbell” in The Canadian Encyclopedia, by Mel Hurtig (Canada: The Canadian Encyclopedia, 2001), online: <www.thecanadianencyclopedia.ca/en/article/sir-alexander-campbell/> [Hurtig]; Canada, Library of Parliament, “The Hon Sir Alexander Campbell”, Parliamentarian File, online: <www.lop.parl.gc.ca/ParlInfo/Files/Parliamentarian.aspx?Item=0ddd1e27-0568-4aa0-a1dc-2d2ccd31e2a9&Language=E&Section=FederalExperience> [Parliament].

[2] Donald Swainson, Dictionary of Canadian Biography (Toronto: University of Toronto/Université Laval, 1990), sub verbo “Campbell, Sir Alexander”, online:  <www.biographi.ca/en/bio/campbell_alexander_12E.html>.

[3] Hurtig, supra note 1.

[4] Library and Archives Canada, "Sir Alexander Campbell", Canadian Confederation, People, online: <www.collectionscanada.gc.ca/confederation/023001-4000.10-e.html> [Canadian Confederation].

[5] Swainson, supra note 2.

[6] Hurtig, supra note 1.

[7] Library and Archives Canada, "The Fathers", Province of Canada Delegates, online: <epe.lac-bac.gc.ca/100/200/301/ic/can_digital_collections/charlottetown/fathers/campbell.html>. 

[8] Canadian Confederation, supra note 4.

[9] Hurtig, supra note 1.

[10] Swainson, supra note 2.

[11] Ibid.

[12] Hurtig, supra note 1.

Goodbye Deirdre, Hello Allison!

We are excited to introduce our newest member of the team, Allison Numerow. She will be attempting to replace the irreplaceable Deirdre Fleming as the fifth member of the Law and Social Media team. Allison is a second-year student here at the University of Alberta Faculty of Law. As a 20-something born into the age of technology, she is eager to use social media to connect readers to topics relevant to the Constitution and to continue to develop her research and writing skills. She’s excited to join the other bloggers and bring you thought-provoking and creative posts every day!

Born and raised in Calgary, Allison left Texas of the North when she turned 18 to attend McGill University. There she achieved a Bachelor of Arts in Psychology. During her four years in Montreal, she worked in two music cognition laboratories, running experiments on willing victims… I mean students. She conducted experiments on both how babies respond to musical stimuli and dance, as well as the effects that different types of music had on neutral visual stimuli. Outside of classes Allison was a member of a pop music a cappella ensemble because she wanted her life to resemble Pitch Perfect (and still does!).

In the final year of her degree, Allison realized that her education would, of course, require more education. Hence, after graduation she found herself at U of A Law. Allison used her first year at the U of A to educate herself both on the law as well as contemporary issues in the legal world. As she soon discovered, Constitutional Law was her favourite class. Law and Social Media provides a platform for Allison to explore the Constitution and its impact on current issues, evolving case law, and other relevant topics. As a classically trained singer and Harry Potter “nerd”, she is excited to combine her interests with the Constitution. This semester, she will explore popular music from 1867, as well as the potential constitutional issues in some of the laws of the magical wizarding world, to name a few. She will also explore other important and up-and-coming topics including drones and Dolly the Sheep.

When she isn’t watching the Bachelor, Allison is busy working on her colour-by-numbers colouring book. Her friends and family say she’s too old for such hobbies, but she insists that when you have no artistic ability, creative assistance is necessary.